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LAUGHLIN V. MITCHELL, 121 U. S. 411 (1887)

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U.S. Supreme Court

Laughlin v. Mitchell, 121 U.S. 411 (1887)

Laughlin v. Mitchell

Argued April 11, 1887

Decided April 25, 1887

121 U.S. 411


In June, 1846, a sale took place at public auction, under a deed of trust, of land in Mississippi, the property of M., the husband of the plaintiff, and on which they lived. The plaintiff's father bought the land at the sale. His daughter and her husband continued to live on it. The husband died in 1847, and in 1848 she married L., and they continued to live on the land. In 1858, she and L. and her father executed an instrument by which her father leased the land to her for her life in consideration of natural love and affection and $100, and which acknowledged that the sole legal and equitable title and the right of property in and to the land were in her father. Five months afterwards, she and her husband duly acknowledged the execution of the lease, and recorded it in the proper office. In 1869, her father made his will, devising the land to her for her life and to a grandson in fee after her death, and died in 1870. In 1881, she brought this suit in equity against the grandson to cancel the lease and set aside the devise to the grandson on the ground that her father bought the land under a parol trust for her, and that her signature to the lease was obtained by duress. Held that she was estopped from setting up the parol trust, and that no ground was shown for setting aside the lease.

In equity. Decree dismissing the bill, from which the complainants appealed. The case is stated in the opinion of the Court.

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